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HomeMy WebLinkAbout9591466C11119874 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 040190 M. Shane Johnson of lawful age, being first duly sworn upon his oath, states and certifies as follows: 1. That he is the duly elected and acting Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated June 30, 2008, executed and delivered by Joel M Putt and Brandy L Putt to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f /k /a GMAC Mortgage Corporation its successors and assigns and (b) that certain mortgage dated June 30, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 7, 2008, at Reception No. 940356 in Book 699 at Page 307 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to -wit: COSPkg LOT TWO (2) OF HAYSTACK NO. 2, LINCOLN COUNTY WYOMING AS DESCRIBED ON THE OFFICIAL PLAT RECORDED AUGUST 20, 1990 AS DOCUMENT NO. 721995 AND MAP NO. 334 -B, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 1026 Lost Creek County Rd 120, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: July 20, 2010 Assignment recorded: July 29, 2010 Assignment recording information: at Reception No. 954630 in Book 751 at Page 331 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, GMAC Mortgage, LLC "Mortgagee elected to foreclose the same and at the request and direction of Mortgagee a written notice of the intention to foreclose the Mortgage was served upon the record owner and the party in possession of said real property at least ten (10) days prior to commencement of the first publication of the foreclosure sale notice, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. Certificate of Sale RECEIVED 5/3/2011 at 11:01 AM Pu g e 1 1 4498 of of P ag 7 P 7 RECEIVING 959146 BOOK: 766 PAGE: 190 JEANNE WAGNER 000191 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the April 7, 2011 issue of said newspaper and ending with the April 28, 2011 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice as mailed and published, did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On May 3, 2011 at 10:00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell the above- described real property at public auction in accordance with the notice of foreclosure sale by then and there calling for bids on said real property; and that the highest and best sum bid for said real property was the sum of $235,000.00 "Bid Sum which was bid and offered by GMAC Mortgage, LLC "Successful Bidder and that after soliciting and calling for other and higher bids therefore, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was thereupon paid and the sale of said real property was then and there completed as by law provided. 7. That the sum of $2,254.60 is to be paid to Castle Stawiarski, LLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit C, and by this reference made a part hereof. 8. That the sale of the above described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with the requirements of the Wyoming Statutes. 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after May 3, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 3rd day of May 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Michael Rigby Title: Deputy Sheriff Certificate of Sale Putt 11 -04498 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Michael Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 3rd day of May 2011. Witness my hand and official seal. 11/11, t Nota blic Jenny Clarke Notary Public County of q State of Lincoln Wyoming My Commission Ev ire5 000192 Certificate of Sale Putt 11 -04498 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Megan Ihle of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle Stawiarski, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated June 30, 2008 (the "Mortgage and recorded on July 7, 2008, at Reception No. 940356 in Book 699 at Page 307 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Joel M Putt and Brandy L Putt "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f /k /a GMAC Mortgage Corporation its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: July 20, 2010 Assignment recorded: July 29, 2010 Assignment recording information: at Reception No. 954630 in Book 751 at Page 331 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the person in possession by certified mail, return receipt requested, mailed to the last known address of the record owner and the person in possession at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale as follows, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. NOI: 71969009843000671523 CERTIFIED MAIL NO. FSN: 71969009843000675729 Joel M Putt 1026 Lost Creek County Rd 120 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000671486 CERTIFIED MAIL NO. NOI: 71969009843000671462 CERTIFIED MAIL NO. FSN: 71969009843000675736 CERTIFIED MAIL NO. FSN: 71969009843000675767 GMAC Mortgage, LLC Occupant 1100 Virginia Drive 1026 Lost Creek County Rd 120 Fort Washington, PA 19034 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000671448 CERTIFIED MAIL NO. FSN: 71969009843000675743 Brandy L Putt 1026 Lost Creek County Rd 120 Thayne, WY 83127 COSPkg EXHIBIT A SS 000193 CERTIFIED MAIL NO. N01: 71969009843000671509 CERTIFIED MAIL NO. FSN: 71969009843000675750 Joel M Putt PO Box 241 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000671431 CERTIFIED MAIL NO. FSN: Brandy L Putt PO Box 241 Thayne, WY 83127 Certificate of Sale Putt 11 -04498 Page 4 of 7 CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Joel M Putt and Brandy L Putt 1026 Lost Creek County Rd 120 Thayne, WY 83127 000194 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 24, 2011 and the date of the first publication of the notice of foreclosure sale was April 7, 2011. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. L LEYL CRELICHAR2 STATE OF WYOMIN Ex Commission OF NATRONA roes Jan 19, 2015 My commission expires: COSPkg 1 d arS' OW) I y: Mega r(I Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This_in trument was acknowledged before me on day fl ^f 2011 by Megan !hie as attorney of Castle Stawiarski, LLC. (Si. ature •taria Title (and Rank Certificate of Sale Putt 11 -04498 Page 5 of 7 FORECLOSURE-SALE NOTIC d S,' default they ae no c' ral and interest has e term tof a pr June e u d«and deli b ecome opj to,'recover tt any such suit orec1ose the �,the recor at'1east,ten 1 the4 mount rid Br ndy L Putt. i Systems, Inc., as tgage Corporation t t f gage was ,exe'anted and M ortgage 699 at -officio and no its KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 30 "in Book of.Deeds. ,pw reason ve, and no g secured ceeding age by errand the days prior ueiupon th e 's ing the rincipal st pub.; ys' fees,., e date of ibject to e sale. before CMortgage, FLLC, as he Mortgagee, will ga foreclosed as b y 1 a'uu +prow e 1 b3 ausing the ni rtgaged y t o b at public r enueyby t he enff or D ep n ty, S h e riff in in Wyomin to r th erfiuigl est�bictder for cash at 10:00 o'clock in forenoon on Ma 3 20 11 at the front door ofthe Lincoln County C loca 9 Avenue, Kemmerer. WY, Lincoln County, for apphe`ation on the above described amounts secured b the e as f0 OWE to-wit: wt i:' PLAT RECORDED AU AN3J ^MAP,NOY. 334 -B, r aWYQMJNG' 1 0 2, Tha M e y ereon +s ituate arkr all'fixtures and Pi^' ;GMAC Mortgage,ELLC Castle.Stawiarska, L;LC 330 S iWa1sh Dmvo ,Ste. k gasper, WY 82609 0000 98),, (307 33.5 EXHIBIT B PUBLISHER'S AFFIDAVIT I, Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 4 consecutive issues /weeks; the first publication being on the day of ei I2 and the last publication being on the 2 day of P-'Gr IC. KEMMERER, WYOMING and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jan, Publisher R OSEMARY CAPELLEN NOTARY PUBLIC C ounty of Lincoln My Commission Expires May 5, 2012 e. STATE OF WYOMING )ss. COUNTY OF LINCOLN State of Wyoming Subscribed in my presence and sworn to before me on this 2/9 day of 000195 Putt 1 1 -04498 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Megan Ihle, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is a resident attorney admitted generally to practice. law in the State of Wyoming and is a member of the law firm of Castle Stawiarski, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle Stawiarski, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $2,254.60 as compensation for services actually rendered in the foreclosure proceeding. day of Stawiarski, LLC. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed FTP Update Total $2,254.60 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Castle Stawiarski, LLC. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER AFFIANT SAYETH NAUGHT. COO t-i By: Mega Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona KEL LEY L DRELIC STATE OF WYOMING COUNTY OF NATRONA Commission Ex, ires Jan 19, 2015 My commission expi es: 3-6 /3 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY 000196 SS 700.00 902.00 68.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 25.00 This instrument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle Certificate of Sale Putt 11 -04498 Page 7 of 7